Tuesday Thoughts

I’ve discovered there is an inverse relationship between blogging and legal work. I’m grateful to be busy in this economy, but it’s giving me blog fail. What I do have time for is another roundup!!

On Sotomayor-
First, I’ll admit I have not done an exhaustive study of her opinions. I’m only familiar with the cases that have been highlighted by the media/blogosphere. My scant review of her track record indicates she is less of a liberal than a knee jerk statist. She seems to consistently side with the government over the individual. Whether it’s cops (even really bad cops), eminent domain, affirmative actions programs, et al, the winner is the state.

The debate over strict constructionism vs. legislating from the bench is talk radio nonsense. Instead we should be concerned with a nominee’s view on what protection, if any, the Constitution provides the individual. If Soto’s case, it seems the individual is the means to the ends of the current political majority.

It’s a strange day when ever the “liberal” SCOTUS nominee hates criminal defendants. Can we just give Ginsberg an extra vote?

Acetaminophen will kill you! FDA to the rescue!
We are all children of the wise omnipotent federal government. Lest we forget how important they are, a fresh crisis will be invited to remind us.Today, it’s Tylenol. The media is falling over themselves to report on how dangerous acetaminophen is. I’ve taken a few hundred doses of aceta in my life, I’m still here, liver and all.

There are roughly 300,000,000 Americans. Last year, about 500 died from taking too much Tylenol. What does that tell you? That we need new laws and restrictions on Tylenol use? Or that 299,999,500 Americans understand how to use pain relievers safely and deserve the simple freedom of buying Tylenol without a prescription, and/or mixed with Nyquil?

Let’s magnify the idiocy- last year acetaminophen killed 500, pot killed zero. Both provide pain relief. Moving on.

Payday loans and the Hot Check Hustle
I recently blogged about the unholy alliance between DA’s and local business.

Today, I heard that the payday lenders have picked up on the fact they have an on call law enforcement debt collector. Allegedly payday loan companies are threatening to send bounced checks to local DA’s offices unless you pay the check and some hefty “fees.” That is, you get the loan, sign a post dated check, and if the check comes back your loan shark/pay day lender threatens to call the DA. This the kind of behavior we encourage when we make our prosecutors into human repo men and turn the county jail into debtor’s prison.

Threatening jail time to collect a debt violates our fair debt collection act (ironically, actually using the DA to arrest the debtor doesn’t).